Disposed

The Chief Executive Officer v. the Deputy Commissioner (Food)

Karnataka HC26 Mar 2024WP/48300/2017

Case brief

AI extract

What is this about?

Petitioner cooperative society sought quashing of the Deputy Commissioner (Food)'s cancellation of its food grain allotment under a writ petition. During pendency, the appellate authority rejected the petitioner's appeal; the court disposed of the petition reserving liberty to challenge the appellate order with contentions open.

What did the court decide?

Liberty reserved to challenge the appellate authority's rejection order; all contentions kept open.

The Chief Executive Officer Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:12358 WP No. 48300 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 48300 OF 2017 (GM-PDS)

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BETWEEN:

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THE CHIEF EXECUTIVE OFFICER, JAGAN MOHANA RANGANATHA SWAMY, PACC SANGHA, BELAKAVADI MAIN, (KIRAGASUR BRANCH), B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT – 571 401.

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…PETITIONER

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(BY SRI. SHIVARAMU H C., ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER (FOOD), MANDYA DISTRICT, MANDYA – 571 401.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE THASILDAR, MALAVALLI TALUK, MANDYA DISTRICT – 571 401.

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THE COMMISSIONER /DIRECTOR FOR FOOD & CIVIL SUPPLIES, MARKETING FEDERATION BUILDING, 5^TH FLOOR, CUNNINGHAM ROAD, BANGALORE – 560 052.

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…RESPONDENTS

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(BY SRI.K.S.HARISH, GOVT ADVOCATE FOR R1-R3)

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NC: 2024:KHC:12358 WP No. 48300 of 2017

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.1.2015 PASSED BY THE R-1 VIDE ANNEXURE -D2; GRANT AN INTERIM ORDER TO DIRECT THE R-1 TO ALLOT THE FOOD GRAINS IN FAVOUR OF THE PETITIONER NOTWITHSTANDING THE ORDER OF CANCELLATION PASSED BY THE R-1 DATED 19.1.2015 IN HIS ORDER AT ANNEXURE - D2.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court, seeking the following prayers:

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"i. issue a writ of certiorari or similar writ or order or direction to quash the order dated 19.01.2015 passed by the first respondent in his Order No.Food/FPD (1)/CR/97-A/2013-14 at Annexure-D2; and

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ii. issue a writ of mandamus or any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case in the interest of justice and equity."

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Heard Sri. Shivaramu H.C., learned counsel

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appearing for the petitioner, Sri. K.S. Harish, learned counsel appearing for respondent Nos.1 to 3 and have perused the material on record.

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3 - NC: 2024:KHC:12358 WP No. 48300 of 2017

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Learned AGA on instructions and verification of

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records would submit that during the pendency of the subject petition, the Appellate authority has passed an order rejecting the appeal of the petitioner.

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Learned counsel appearing for the petitioner is caught unawares. Therefore, he would seek leave of this Court to challenge the said order so passed by the Appellate Authority.

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Learned AGA submits that the order would be communicated to the petitioner in the course of the day.

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Reserving such liberty and keeping all contentions open, the petition stands disposed.

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Sd/JUDGE

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SJK

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List No.: 1 Sl No.: 5

The Chief Executive Officer v. the Deputy Commissioner (Food)

Case brief

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The Chief Executive Officer v. the Deputy Commissioner (Food)

Case brief

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